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(영문) 서울남부지방법원 2015.12.17 2015고정2198
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 25, 2015, at around 5:00 on June 25, 2015, the Defendant, at a “D” restaurant operated by the victim C (the 48-year-old age) in Gangseo-gu Seoul Metropolitan Government, was under the influence of alcohol, and was drinking together with the husband E, the Defendant was unable to avoid disturbance over about one hour, such as her husband, and her employees, who expressed a large amount of bitch of bitch.”

Accordingly, the defendant, by exercising force, interfered with the victim C's restaurant operation work.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. A statement prepared by the F;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes. Article 314 (Selection of Fine)

1. A sentence of a fine of KRW 1 million (a penal penalty of KRW 2 million: ① the first offender, ② the confession, ③ some of the circumstances considered in the course of committing the crime, ④ the degree of damage was not so significant, ④ the agreement was made with the victim, ② the victim’s wife’s husband, ⑤ the Defendant’s husband E also was sentenced to a suspended sentence for the obstruction of execution of official duties committed against the police officer who was dispatched after receiving a report of KRW 112; and ⑤ other factors considered the Defendant’s age, occupation, family relationship, economic form, etc.)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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